Additional Sessions Judge Gautam Manan upheld a trial court order convicting Sunil, a resident of southwest Delhi, saying he was driving a commercial vehicle and did not take expected care and caution for avoiding any untoward incident.
"Facts of the case show that appellant (driver) was driving a commercial vehicle and did not take expected care and caution for avoiding any untoward incident and hit against an old age pedestrian crossing the road near the bus stand.
The sessions court also upheld the magisterial court's order imposing Rs 5,000 as fine on Sunil.
The court also rejected his plea for probation.
"Appellant was driving a blueline bus and hit an old lady crossing the road and thus, his callous driving which resulted into a death and his act does not entitle him to be released on Probation," the court said.
According to the prosecution, 60-year-old Kalpana Goswami was hit by a blueline bus on October 22, 2009, when she was crossing the road near Jai Vihar bus stand, Dichao Kal Depot here.
Sunil questioned the veracity of the prime witness, who was the son of Goswami, saying the trial court has wrongly relied upon the testimony of the complainant being an interested witness and was having personal interest in the case.
The court rejected this claim and said that merely because the complainant is the son of the deceased cannot be a ground to discard his testimony especially when there is no ground to doubt his presence at the spot.
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